Transfer of property
s venkata ramana
(Querist) 04 December 2013
This query is : Resolved
'A' transfer his property to 'B' with a condition that after B's death it shall go to B's son who is in the womb . But 'B' got a daughter .
Pls sugeest the solution.
S.V.Ramana
Guest
(Expert) 04 December 2013
Is A still alive.Such predictions are not allowed legally.They would have mentioned as children or heirs of B. If A is not alive B"s daughter would be the owner or if A is still there he could decide. If they were so particular A would have given option in the executed document it self what would be the fate of the property if it is not going to be son.Such things are very rare.If A is not there B's daughter would be the owners of property.OR it could be treated as since B is not having the son B would be the absolute owner of the property and he could decide to whom it should go.
Rajendra K Goyal
(Expert) 04 December 2013
It is a null condition due to the birth of girl child, B would be absolute owner.
basavaraj shiromani
(Expert) 04 December 2013
Gift is absolute. After the B's death automatically it goes to his legal heirs. To the extent of a particular condition it is null and void
T. Kalaiselvan, Advocate
(Expert) 05 December 2013
Mr. Ramana, I think you have not disclosed the correct details while wanted to clarify certain doubts?, If it was a condition in the Will that B's son only will acquire the property after B's life estate, and the the Will was acted upon on the death of the Testator, the Will's condition will remain, of course in the same Will, what next would have been specifically recited, read out that portion and then clarify.
ABDUL RAZIQUE
(Expert) 05 December 2013
Agree with experts, nothing more to add.
Biswanath Roy
(Expert) 06 December 2013
Transfer of property are of various kind unless you disclose the nature and character of such transfer appropriate opinion to your query is not possible.
